[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR2.3]



[Page 10]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 2_CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS--Table of 

Contents

 

                         Subpart A_Introduction

 

Sec.  2.3  Purpose and effect.



    (a) Purpose. Under the statutory provisions quoted in Sec. Sec.  2.1 

and 2.2, these regulations impose restrictions upon the disclosure and 

use of alcohol and drug abuse patient records which are maintained in 

connection with the performance of any federally assisted alcohol and 

drug abuse program. The regulations specify:

    (1) Definitions, applicability, and general restrictions in subpart 

B (definitions applicable to Sec.  2.34 only appear in that section);

    (2) Disclosures which may be made with written patient consent and 

the form of the written consent in subpart C;

    (3) Disclosures which may be made without written patient consent or 

an authorizing court order in subpart D; and

    (4) Disclosures and uses of patient records which may be made with 

an authorizing court order and the procedures and criteria for the entry 

and scope of those orders in subpart E.

    (b) Effect. (1) These regulations prohibit the disclosure and use of 

patient records unless certain circumstances exist. If any circumstances 

exists under which disclosure is permitted, that circumstance acts to 

remove the prohibition on disclosure but it does not compel disclosure. 

Thus, the regulations do not require disclosure under any circumstances.

    (2) These regulations are not intended to direct the manner in which 

substantive functions such as research, treatment, and evaluation are 

carried out. They are intended to insure that an alcohol or drug abuse 

patient in a federally assisted alcohol or drug abuse program is not 

made more vulnerable by reason of the availability of his or her patient 

record than an individual who has an alcohol or drug problem and who 

does not seek treatment.

    (3) Because there is a criminal penalty (a fine--see 42 U.S.C. 

290ee-3(f), 42 U.S.C. 290dd-3(f) and 42 CFR 2.4) for violating the 

regulations, they are to be construed strictly in favor of the potential 

violator in the same manner as a criminal statute (see M. Kraus & 

Brothers v. United States, 327 U.S. 614, 621-22, 66 S. Ct. 705, 707-08 

(1946)).